Tendai Masamba v Phenomenal Mahamba & Felistas Hove (In her capacity as the Executrix Dative of the Estate Late Cleopas Hove) & 4 Ors

HCC 187/23

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Case Details

Court

Chinhoyi High Court

Date

12 September 2023

Citation

HCC 187/23

Neutral Citation

[2023] ZWHCC 187

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muzofa J

Full Bench

Muzofa J

Areas of Law

Property lawInterdictsCivil procedure

Keywords

InterdictSale in executionDouble salePrima facie rightIrreparable harmBalance of convenience

Key Issues

{"issue_text":"Whether applicant has established a prima facie right for interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"Agreement of sale, lease agreement, possession of original Deed"}
{"issue_text":"Whether applicant has demonstrated irreparable harm","issue_type":"law","dispositive":"yes","related_facts":"Property scheduled for sale in execution, difficulty recovering from third party"}
{"issue_text":"Whether balance of convenience favours granting interdict","issue_type":"law","dispositive":"yes","related_facts":"Delay to 3rd respondent vs potential loss to applicant"}
{"issue_text":"Whether application is urgent","issue_type":"procedural","dispositive":"no","related_facts":"20-day delay in approaching court"}

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background

Facts of the Case

Background

The applicant purchased immovable property from the 2nd respondent in 2018 but did not receive transfer of title. The 2nd respondent subsequently sold the same property to the 1st respondent who obtained title and used it as collateral for a loan from the 3rd respondent. When the 1st respondent defaulted, the property was attached for sale in execution, prompting the applicant to seek an urgent interdict to stay the sale pending determination of a declaratory action regarding ownership.

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